Bail in Ontario: Help for the Accused and Their Families

When someone close to you is arrested and held in custody, events move quickly and information is often scarce: where the person is being held, when the hearing will take place and what the family can do to help. This page explains how bail works and what it means to serve as a surety.

What is bail?

Bail is release from custody while a criminal case is under way; its formal name is “judicial interim release.” A bail hearing does not decide guilt or innocence. Anyone charged with an offence has a right to reasonable bail and to a bail hearing without delay.

How fast does it happen?

Police who detain someone must bring that person before a justice (a judge or a justice of the peace), usually within 24 hours. In Toronto, adult bail court sits at the Toronto Regional Bail Centre on weekends and holidays as well as weekdays. In most Ontario courts, the detained person appears by video from the police station or jail.

What happens at a bail hearing

• A release the Crown agrees to. The Crown, the prosecutor acting for the government, sometimes agrees that the person can be released on conditions. This is known as a “consent release.”

• A contested hearing. If the Crown seeks detention, both sides present evidence and argument, and the justice decides. Three questions guide that decision: Will the person attend court? Would release endanger public safety? Would release undermine public confidence in the justice system?

• Who bears the burden. In most cases, the Crown must justify keeping the person in custody. For certain charges, the burden shifts and the accused must show why release is appropriate, an arrangement known as a “reverse onus.”

• The release order. A person who is released receives a written order setting out conditions, which may include a required address, a curfew or a ban on contact with specific people.

• If bail is denied. In some circumstances, a higher court can be asked to review the decision.

For sureties: what you need to know

A surety is someone who undertakes to the court to supervise the accused (the person charged) in the community, often a parent, partner, relative or close friend. The role carries real legal and financial responsibility.

• You are responsible for ensuring that the accused attends every court date and complies with every condition.

• You pledge a sum of money, part or all of which may be forfeited if you fail to fulfil your duties.

• Accepting payment or reimbursement for acting as a surety is an offence.

• The court assesses your finances, your character, any criminal record and whether you are genuinely able to supervise.

• Before the hearing, the lawyer usually prepares a written “surety declaration,” a sworn statement setting out your background and your ability to supervise. You may also be questioned under oath.

• Attendance in person or by video is usually permitted unless the court directs otherwise.

• If you are no longer able to supervise, you can apply to the court to be relieved of your obligations as a surety.

What a surety should have ready

• Government photo ID

• Proof of the funds you can pledge, such as a bank statement, pay stub or property documents

• Your address, your work schedule and the names of everyone in your household

• A fully charged phone or computer if you are attending by video

• Availability for the full day, since bail court schedules are difficult to predict

Watch: Bail & Court Explained

Stephanie Heyens has prepared a short video that guides families through bail and the first stages of a case. It is available on her Bail & Court Explained page.

Why prompt preparation matters

A well-prepared bail plan is often central to securing release. It sets out where the accused will live, who will supervise and how each condition will be met. Identifying suitable sureties and preparing their documents takes time. Duty counsel (free Legal Aid lawyers at the courthouse) work diligently but carry heavy caseloads, so prompt contact allows more time to build the plan.

How Stephanie can help

Stephanie has spent over 25 years defending criminal charges in Ontario, both with Legal Aid Ontario and in her own practice. She has guided many families through bail court and will explain what to expect and how you can support the person in custody.

Talk to Stephanie. If someone close to you has been arrested, Stephanie can walk you through the next steps. Call her at 416-684-4322 or email stephanie@stephanieheyens.ca.